Legal Question in Wills and Trusts in Missouri

My father died Oct. 12, 2011, leaving a very sizeable estate. There was a trust established 20 yrs. ago. My brother and I are the sole heirs, and are to split everything. In addition to the trust, there is a valuable home, and various properties, and about 100 trust deeds. I have never seen a copy of the trust or possible will, and know nothing other than what my brother tells me. Is there some law that states an heir must be contacted by the law firm within a certain amount of time after death to clarify details?. How do I go about getting a copy of the trust. I do not know which law office holds it, and i live in a different state. Also my brother wants to wait until the housing market improves to sell the house--maybe years. May I ask him to buy my share at present market value? If he refuses, what options do I have? My brother is not in good health, and is in no hurry to settle things. He told me in a recent phone call that he would try to look into things in a few months. I do no want to be grasping, but feel totally in the dark about it all.


Asked on 11/04/11, 8:18 am

2 Answers from Attorneys
Anthony Smith LawSmith

It may be that you will have to open an estate for your Dad, to get the power to make people tell you the information you seek. Until then, you will be grapsing at straws to find out what is goping on. You other option is to come (or have yrou agent come) and take control; of the house. This shoudl get your brother's attention. If there are rebnters in the house (as there shoudl be) you or the estate are entitiel to the rent (or your fair share of it.)

There is no law that forces a law firm to find and inform trust beneficaries that the Grantor has died. But, the Trustee (possibly your brother) is responsible for taking care of yoru interest in the trust assets. You may have to sue your brother as trustee, if you feel he is not telling you all he should, or otherwise not taking care of yrou interest in the assets.

This is a very general answer to your general query. If you cannot come to Missouri to investigate, you might hire Missouri counsel to investigate and report your status and give you advice about your options. Many attorneys offer a free or low cost initial consultation. You might gather what documents or notes you have, and meet with one.

Good luck

Read more
Answered on 11/04/11, 8:31 am
Richard Herndon Richard J. Herndon, Attorney at Law

As a beneficiary of the trust you certainly are entitled to a copy of it, and other information.

Given the size of the trust and estate I think you should immediately retain counsel if you hae not already.

Read more
Answered on 11/07/11, 10:10 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Missouri